Chapter 324
2025 -- H 5635
Enacted 06/30/2025

A N   A C T
RELATING TO BUSINESSES AND PROFESSIONS -- LICENSING OF APPLIED BEHAVIOR ANALYSTS

Introduced By: Representatives Spears, Azzinaro, Fogarty, Cotter, Caldwell, and Donovan

Date Introduced: February 26, 2025

It is enacted by the General Assembly as follows:
     SECTION 1. Sections 5-86-2, 5-86-3, 5-86-8, 5-86-9, 5-86-10, 5-86-21 and 5-86-26 of the
General Laws in Chapter 5-86 entitled "Licensing of Applied Behavior Analysts" are hereby
amended to read as follows:
     5-86-2. Definitions.
     As used in this chapter, the following terms shall be construed as follows:
     (1) “Applied behavior analyst” means a person licensed to practice applied behavior
analysis under the provisions of this chapter and the rules and regulations authorized by this
chapter.
     (2) “Applied behavior analyst aide” means a person not licensed pursuant to the laws and
rules applicable to the practice of applied behavior analysis, who works under the supervision of a
licensed applied behavior analyst, who assists in the practice of applied behavior analysis and
whose activities require an understanding of applied behavior analysis, but do not require
professional or advanced training in the basic anatomical, psychological, and social sciences
involved in the practice of applied behavior analysis.
     (3) “Applied behavior assistant analyst Assistant applied behavior analyst” means a person
licensed who practices applied behavior analysis under the provisions of this chapter and the rules
and regulations authorized by this chapter.
     (4) “Board” means the licensing board of applied behavior analysts within the Rhode Island
department of health, established pursuant to the provisions of § 5-86-4.
     (5) “Department” means the Rhode Island department of health.
     (6) “Director” means the director of the Rhode Island department of health.
     (7) “Education” means the academic program pursued by the person in obtaining the
bachelor’s, master’s, or doctorate degree, that the programs to include formal course work,
seminars, and practica.
     (8) “Psychologist with equivalent experience” means a person deemed to hold equivalent
licensure as an applied behavior analyst upon satisfying equivalency requirements through
submission and satisfaction of written evidence of education and relevant experience to the
department pursuant to § 5-86-9(c).
     (9) “Practice of applied behavior analysis” means the design, implementation, and
evaluation of environmental modifications by a behavior analyst to produce socially significant
improvements in human behavior. It includes the empirical identification of functional relations
between environment and behavior, known as functional assessment and analysis. Applied
behavior analysis interventions are based on scientific research and the direct observation and
measurement of behavior and environment. They utilize contextual factors, establishing operations,
antecedent stimuli, positive reinforcement, and other consequences to help people develop new
behaviors, increase or decrease existing behaviors, and emit behaviors under specific
environmental conditions. The practice of applied behavior analysis expressly excludes
psychological testing, neuropsychology, psychotherapy, cognitive therapy, sex therapy,
psychoanalysis, hypnotherapy, and long-term counseling as treatment modalities. Such services are
provided by a person licensed under this chapter only when applied behavior analysis services are
prescribed by a child psychiatrist, a behavioral developmental pediatrician, a child neurologist, or
a licensed psychologist with training in child psychology pursuant to § 27-20.11-4.
     (10) “Supervised experience” means the practical application of principles, methods, and
procedures of the science of applied behavioral analysis in accordance with the requirements of §
5-86-9.
     (11) “Supervision” means that a licensed applied behavior analyst is at all times responsible
for supportive personnel and clients.
     (12) “These regulations” mean all parts of Rhode Island rules and regulations for licensing
applied behavior analysts, applied behavior assistant analysts assistant applied behavior analysts,
and psychologists with equivalent experience.
     (13) “Training” means the pre-professional or professional-supervised experience received
by the person at the pre or post-doctoral level, that experience to have been obtained in an
internship, clinic, or other similar professional setting.
     5-86-3. Licensing.
     (a) Any individual licensed under this chapter may use the title “licensed applied behavior
analyst” and the abbreviation “LBA” or the title “licensed applied behavior assistant analyst
assistant applied behavior analyst” and the abbreviation “LABA,” or the title “psychologist with
equivalent experience,” provided that the title and abbreviation correspond to the license held
pursuant to this chapter.
     (b) It is unlawful for any person to represent herself or himself as a licensed applied
behavior analyst, LBA, licensed applied behavior assistant analyst assistant applied behavior
analyst, LABA, or psychologist with equivalent experience, unless he or she is licensed as a
licensed applied behavior analyst or licensed applied behavior assistant analyst assistant applied
behavior analyst or licensed as a psychologist with equivalent experience pursuant to the provisions
of this chapter.
     (c) A licensed applied behavior analyst, licensed applied behavior assistant analyst
assistant applied behavior analyst, or psychologist with equivalent experience, is not required to be
an employee of a prescribing profession or organization, and may work for a public or private
agency or in private practice in accordance with the requirements of § 5-86-9.
     (d) Licensed applied behavior analysts, licensed applied behavior assistant analysts
assistant applied behavior analysts, and psychologists with equivalent experience are responsible
for following all applicable federal and state laws and regulations regarding the confidentiality of
medical records.
     5-86-8. Register of applied behavior analysts — Licensing records — Issuance of
licenses.
     The department shall maintain a register of all licensed applied behavior analysts, licensed
applied behavior assistant analysts assistant applied behavior analysts, and psychologists with
equivalent experience under this chapter which shall be open at all reasonable times to public
inspection and updated regularly. The department shall be the custodian of all records pertaining to
the licensing of applied behavior analysts, applied behavior assistant analysts assistant applied
behavior analysts, and psychologists with equivalent experience.
     5-86-9. Qualifications and examinations for licensing.
     (a) An applicant for licensure as a licensed applied behavior analyst shall submit to the
board written evidence on forms furnished by the department that the applicant:
     (1) Is of good moral character;
     (2) Has obtained a graduate degree in applied behavior analysis or a related field, as
approved by the board, from a college or university accredited by the New England Association of
Schools and Colleges, or an equivalent regional accrediting agency, and that has the approval by a
national or regional certifying authority, including, but not limited to, the applied behavior analyst
licensing board;
     (3) Has successfully completed the amount of coursework in applied behavior analysis
acceptable to the board;
     (4) Has appropriate supervised experience that aligns with the behavior analyst certification
boards (BACB) supervision requirements to include either: (i) One year, including one thousand
five hundred (1,500) hours of supervised independent fieldwork in applied behavior analysis. The
distribution of supervised independent fieldwork hours must be at least ten (10) hours per week,
but not more than thirty (30) hours per week, for a minimum of three (3) weeks per month; (ii) One
thousand (1,000) hours of practicum in behavior analysis within a university experience program
approved by the national or regional certifying authority. The distribution of practicum hours must
be at least ten (10) hours per week, but not more than twenty-five (25) hours per week, for a
minimum of three (3) weeks per month; or (iii) Seven hundred fifty (750) hours of intensive
practicum in behavior analysis within a university experience program approved by the national or
regional certifying authority. The distribution of intensive practicum hours must be at least ten (10)
hours per week, but not more than twenty-five (25) hours per week, for a minimum of three (3)
weeks per month;
     (5) Has passed the relevant examination administered by an appropriate nationally
recognized accrediting organization as approved by the department of health for this function
behavior certification behavior analyst (BCBA) examination administered by the behavior analyst
certification board (BACB);
     (6) Has maintained active status and fulfilled all relevant requirements for renewal and
relicensing with the nationally recognized and accredited organization(s) as approved by the
department of health licensing behavior analyst certification board;
     (7) Conducts his or her professional activities in accordance with accepted standards for
responsible professional conduct, as approved by the Rhode Island applied behavior analyst
licensing board the ethical guidelines and standards outlined by the behavior analyst certification
board (BACB); and
     (8) Meets the criteria as established in § 5-86-12.
     (b) An applicant for licensure as a licensed applied behavior assistant analyst assistant
applied behavior analyst shall submit to the board written evidence on forms furnished by the
department that the applicant:
     (1) Is of good moral character;
     (2) Has obtained a bachelor’s degree in behavior analysis or a related field, as approved by
the board, from a college or university accredited by the New England Association of Schools and
Colleges, or an equivalent regional accrediting agency, and that has the approval by a national or
regional certifying authority, including, but not limited to, the applied behavior analyst licensing
board;
     (3) Has successfully completed the amount of coursework in applied behavior analysis
acceptable to the board;
     (4) Has appropriate supervised experience to include either: (i) One thousand (1,000) hours
of supervised independent fieldwork in applied behavior analysis. The distribution of supervised
independent fieldwork hours must be at least ten (10) hours per week, but not more than thirty (30)
hours per week, for a minimum of (3) three weeks per month; (ii) Six hundred seventy (670) hours
of practicum in behavior analysis within a university experience program approved by the national
or regional certifying board. The distribution of practicum hours must be at least ten (10) hours per
week, but not more than twenty-five (25) hours per week, for a minimum of three (3) weeks per
month; or (iii) Five hundred (500) hours of intensive practicum in behavior analysis within a
university experience program approved by the national or regional certifying board. The
distribution of intensive practicum hours must be at least ten (10) hours per week, but not more
than twenty-five (25) hours per week, for a minimum of three (3) weeks per month;
     (5) Is supervised by a licensed applied behavior analyst in a manner consistent with the
board’s requirements for supervision of licensed applied behavior assistant analysts assistant
applied behavior analysts;
     (6) Has passed the examination administered by an appropriate nationally recognized
accrediting organization as approved by department of health licensing for this function;
     (7) Has maintained active status and fulfilled all relevant requirements for renewal and
relicensing with the nationally recognized and accredited organization(s) as approved by the
department of health licensing;
     (8) Conducts his or her professional activities in accordance with accepted standards for
responsible professional conduct, as required by the Rhode Island applied behavior analyst
licensure board; and
     (9) Meets the criteria as established in § 5-86-11.
     (c) An applicant shall be judged to hold the equivalent requirement of a licensure as an
applied behavior analyst upon submission to the board, written evidence on forms furnished by the
department if the following equivalency requirements are met to the satisfaction of the licensing
board:
     (1) Has received a doctoral degree in psychology from a college or university accredited
by the New England Association of Schools and Colleges, or an equivalent regional accrediting
agency, and that has the approval by a national or regional certifying authority;
     (2) Is individually licensed by the department of health as a psychologist subject to chapter
44 of this title;
     (3) Is of good moral character;
     (4) Has completed coursework in applied behavior analysis supervised by the department
within the college or university granting the requisite degree or by an accredited postgraduate
clinical training program recognized by the United States Department of Education, or education
and/or experience that is deemed equivalent by the board;
     (5) Has completed one thousand five hundred (1,500) hours of direct client contact offering
applied behavior analysis services subsequent to being awarded a doctoral degree in psychology;
     (6) Conducts his or her professional activities in accordance with accepted standards for
responsible professional conduct, as required by the Rhode Island applied behavior analyst
licensure board; and
     (7) Meets the criteria as established in § 5-86-12.
     5-86-10. Licensure.
     A license under this chapter may be issued to:
     (1) An any applicant who meets the requirements for licensure as approved by the
department of health and licensed as a licensed applied behavior analyst, licensed applied behavior
assistant analyst assistant applied behavior analyst, or psychologist with equivalent experience as
stated in this chapter; and
     (2) An applicant who has been certified by an appropriate nationally recognized and
accredited organization, as approved by the department of health, licensing and licensed as a
licensed applied behavior analyst, licensed applied behavior assistant analyst, or psychologist with
equivalent experience under the laws of another state, United States territory, or foreign country
where the board determines that the requirements are substantially equivalent to those of this state.
     5-86-21. Persons and practices exempt.
     (a) No provision of this chapter shall be construed to prevent members of other recognized
professions who are licensed, certified, or regulated for independent practice of that profession
under the laws of this state from rendering services consistent with their professional training and
code of ethics and scope of practice as defined in the relevant licensure act, provided that they do
not represent themselves to be licensed applied behavior analysts, licensed applied behavior
assistant analysts assistant applied behavior analysts, or psychologists with equivalent experience.
Recognized members of the clergy shall not be restricted from functioning in their ministerial
capacity, provided that they do not represent themselves to be applied behavior analysts, licensed
applied behavior assistant analysts assistant applied behavior analysts, or psychologists with
equivalent experience.
     (b) Nothing in this chapter shall be construed to prohibit teachers, guidance personnel,
social workers, and school psychologists in public or private schools from full performance of their
duties, nor to prohibit the use of applied behavior analytic techniques by business or industrial
organizations or companies for employment, placement, evaluation, promotion, or job adjustment
of their own officers or employees.
     (c) Nothing in this section shall be construed as prohibiting the use of consultants who are
defined as qualified intellectual disability professionals under the Code of Federal Regulations
(C.F.R.) 42 C.F.R. § 483.430 by facilities licensed as intermediate-care facilities for people who
are developmentally disabled by the department of behavioral healthcare, developmental
disabilities and hospitals.
     (d) Nothing in this chapter shall be construed as permitting licensed applied behavior
analysts, licensed applied behavior assistant analysts assistant applied behavior analysts, or
psychologists with equivalent experience to practice medicine as defined by the laws of this state.
     (e) Nothing in this section shall be construed as permitting those persons identified in
subsections (b) and (f) of this section to offer their services to any persons or organizations other
than those listed in subsection (f) of this section as consultants or to accept remuneration for any
behavior analytic services other than that of their institutional salaries or fees unless they have been
licensed under this chapter or exempted under subsection (a) of this section.
     (f) Nothing in this section shall be construed as prohibiting those persons who are
implementing applied behavior analysis services to an immediate family member or as a paid or
volunteer caregiver, if the individual or caregiver does not represent himself or herself as a licensed
applied behavior analyst, licensed applied behavior assistant analyst assistant applied behavior
analyst, or psychologist with equivalent experience.
     (g) An applied behavior analyst licensed or certified in another state or United States
territory may perform applied behavior analysis services in this state without obtaining a license
for up to ten (10) calendar days per calendar year with no more than five (5) days of this activity
occurring consecutively. The calendar day limit shall not apply to services as an expert witness in
a legal proceeding.
     (h) Nothing in this section shall be construed as prohibiting any person pursuing a
supervised course of study leading to a degree or certificate in applied behavior analysis at an
accredited or approved educational program if the person is designated by a title that clearly
indicates his or her status as a student or trainee.
     (i) Nothing in this section shall be construed as prohibiting any persons fulfilling the
supervised fieldwork experience requirement of this section.
     5-86-26. Supervision.
     (a) A licensed applied behavior analyst shall exercise sound judgment and shall provide
care within the scope of practice or guidelines in the performance of his or her duties. A licensed
applied behavior analyst shall be permitted to supervise the following: applied behavior analysts,
applied behavior assistant analysts assistant applied behavior analysts, applied behavior analyst
aides, care extenders, applied behavior analyst students, and volunteers.
     (b) Subject to the requirements of this section, a licensed applied behavior assistant analyst
assistant applied behavior analyst may practice limited applied behavior analysis only under the
supervision of a licensed applied behavior analyst. Supervision requires, at a minimum, that the
supervising licensed applied behavior therapist meet in person with the licensed applied behavior
assistant analyst assistant applied behavior analyst to provide initial direction and periodic on-site
supervision. The supervising licensed applied behavior analyst working with the applied behavior
assistant analyst assistant applied behavior analyst shall determine the amount and type of
supervision necessary in response to the experience and competence of the licensed applied
behavior assistant analyst assistant applied behavior analyst and the complexity of the treatment
program. The supervisor and the licensed applied behavior assistant analyst assistant applied
behavior analyst shall be jointly responsible for maintaining records, including patient records, to
document compliance with this regulation.
     (c) A licensed applied behavior assistant analyst assistant applied behavior analyst:
     (1) May not initiate a treatment program until the patient has been evaluated and the
treatment planned by the licensed behavior analyst;
     (2) May not perform an evaluation, but may assist in the data-gathering process and
administer specific assessments where clinical competency has been demonstrated, under the
direction of the licensed applied behavior analyst;
     (3) May not analyze or interpret evaluation data;
     (4) May participate in the screening process by collecting data and communicate the
information gathered to the licensed applied behavior analyst;
     (5) Monitors the need for reassessment and reports changes in status that might warrant
reassessment or referral under the supervision of the licensed applied behavior analyst; and
     (6) Immediately discontinues any treatment procedure, which appears harmful to the
patient and immediately notifies the supervising applied behavior analyst.
     (d) An applied behavior analyst aide shall be a worker trained on the job. A licensed applied
behavior analyst using applied behavior analyst aide personnel to assist with the provision of
applied behavior analysis services must provide close supervision in order to protect the health and
welfare of the consumer.
     (e) The primary function of an applied behavior analyst aide shall be to perform designated
routine tasks related to the operation of applied behavior analysis service.
     (f) The licensed applied behavior analyst shall not delegate to an applied behavior analyst
aide:
     (1) Performance of applied behavior analysis evaluation procedures;
     (2) Initiation, planning, adjustment, modification, or performance of applied behavior
analyst procedures requiring the skills or judgment of a licensed applied behavior analyst;
     (3) Acting on behalf of the applied behavior analyst in any matter related to applied
behavior analysis, that requires decision making or professional judgment.
     SECTION 2. This act shall take effect upon passage.
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LC001804
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